FTC Seeks Comment on Potential Updates to Negative Option Rule
On March 11, 2026, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on whether it should amend its Rule Concerning the Use of Prenotification Negative Option Plans (the Negative Option Rule), which governs certain offers in which a seller interprets a consumer’s silence or failure to take affirmative action as acceptance or continuing acceptance of the offer.
“Negative option subscriptions can offer procompetitive features to consumers and the marketplace more broadly by lowering transaction costs and ensuring consumers receive uninterrupted service,” Christopher Mufarrige, director of the FTC’s Bureau of Consumer Protection, said in a press release announcing the ANPRM. “The Commission’s enforcement track record suggests, however, that negative option subscriptions continue to be plagued by difficult cancellation processes, unlawful retention tactics, and a suite of other impediments that prevent consumers from easily switching or ending subscription services. Neither consumers nor competition are protected when consumers are enrolled in programs that they either do not want or cannot cancel.”